The following document is an accurate representation of the one filed
in the Iowa District Court at Fort Madison, IA

IN THE IOWA DISTRICT COURT
IN AND FOR LEE COUNTY
AT FORT MADISON

[[ FILED 03 Dec 2003 @ 10:19 AM ]]

TONY ROSS, etal.,

 

Plaintiffs,

 

 

 

Law No. LALA003946

VS

 

 

THOUSAND ADVENTURES
OF IOWA, INC., et al,

 

Defendants

 

JUDGMENT ENTRY
AGAINST 900 CAPITAL SERVICES, INC

On DecemberI0, 2003, the above‑captioned matter came on for hearing for the purpose of receiving evidence on the issue of damages with regard 'to the Plaintiffs' claims against defendant 900 Capital Services, Inc. (900 Capital). Douglas H. Napier appeared on behalf of the plaintiffs. Counsel for 900 Capital have previously requested and been granted permission to withdraw from this matter. The record reflects that 900 Capital was given notice of this hearing and neither new counsel or anyone on behalf of 900 Capital appeared at this hearing.

The Court found 900 Capital Services, Inc. in default in a ruling dated July 3, 2003 and requested the Plaintiff to propose a judgment entry. Plaintiffs submitted a proposed judgment entry to which 900 Capital objected and requested a hearing on damages. The court denied 900 Capital's objection to the entry of judgment, but did grant its request for a hearing on damages and limited 900 Capital's involvement to cross‑examination (see Ruling, August 26, 2003). A

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hearing on damages was scheduled for October 1, 2003.

On September 26, 2003, 900 Capital filed a Motion to Vac

ate Default Entry in which it argued primarily that filing of Plaintiffs' Third Amended Petition was a new petition which renewed 900 Capital's opportunity to challenge the pleadings. 900 Capital also requested a stay of the hearing on damages. The court scheduled a hearing on the motion and request for stay, which had the effect of temporarily postponing the hearing on damages. On October 17, 2003 the court conducted a hearing on the pending motions and denied 900 Capital's Motion to Vacate the Default Entry and the parties agreed that the stay issue was moot. At the same time, the court granted counsel for 900 Capital leave to withdraw. The court notes that its October 31., .2003 order setting this hearing was served on Mark Cohen, the ."Purported;Attorney and Registered. Agent" for 900 Capital as well as Howard J. Steinberg, an attorney that 900. Capital has represented in previous pleadings was corporate counsel for 900 Capital. The court finds that 900. Capital has received sufficient notice of the hearing on damages and has had ample opportunity to engage new counsel, ,or otherwise .appear.at the hearing on damages.

The court received evidence and heard oral argument from plaintiffs' counsel and in light of the record FINDS that Judgment should be and is now entered against 900 Capital Services, Inc. in the following manner.

  1. Judgment on the merits is made in favor, of the plaintiffs.

  2. Because this action is brought by Tony Ross, Brian and Toni Hammond, George. and Nadine Hess Don and Donna Gerberling, individually and on behalf of the class of campground members, judgment on the merits should be entered accordingly in favor of the named class representatives as well as the class of

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members

  1. The class shall be certified, as to 900 Capital Services, inc. only, and defined to include "all persons who purchased campground memberships from Thousand Adventures, Inc. or any of its wholly owned subsidiaries, as shown in the petition."

  2. The attorney for the plaintiffs, Douglas H. Napier, of the law firm Napier, Wolf & Napier shall be certified as class counsel with regard to 900 Capital Services, Inc. and for purposes of this judgment.

  3. The certification of this matter as a class action and class counsel under this entry of default shall have no preclusive affect on any of the remaining defendants in this action

  4. Based upon the Affidavit filed by the plaintiffs' counsel setting out the calculations of damages, judgment is entered against 900 Capital Services, Inc. in the amount of $4,528,795.00, together with interest from November. 21, 2000 at the legal judgment rate.

  5. If Plaintiffs are successful in collecting all or part of this judgment, the plaintiffs' counsel shall notify the court for further instructions regarding distribution to the class members, attorneys fees, costs, and notice to the class. Until such time as actual amounts are collected, Plaintiffs shall cause notice of this judgment to be posted on the website of the National Association of Members (www.natlassoc.com)

  6. The clerk shall provide a copy of this order to Plaintiffs and to the Defendant's counsel of record.

 

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  1. Court costs are assessed to Defendant, including all costs of notice to the class members, if any.

  2. If 900 Capital appeals this judgment, 900 Capital shall be required to post supercedeous bond with the clerk of court in the amount of 125% of the judgment amount plus the accrued judgment interest to the date of the notice of appeal.

(Dated 17, 2003)

//s//

Judge Cynthia H. Danielson, Eighth Judicial District

 

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